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H. Rept. 119-505 1 (2026-02-20)

handle is hein.congrecreports/crptxaibc0001 and id is 1 raw text is: AUTHENTICATED r U.S. GOVERNMENT INFORMATION 4 119TH CONGRESS REPORT 2d Session J HOUSE OF REPRESENTATIVES 119-505 MODERN WORKER EMPOWERMENT ACT FEBRUARY 20, 2026.-Committed to the Committee of the Whole House on the State of the Union and ordered to be printed Mr. WALBERG, from the Committee on Education and Workforce, submitted the following REPORT together with MINORITY VIEWS [To accompany H.R. 1319] The Committee on Education and Workforce, to whom was re- ferred the bill (H.R. 1319) to amend the Fair Labor Standards Act of 1938 and the National Labor Relations Act to clarify the stand- ard for determining whether an individual is an employee, and for other purposes, having considered the same, reports favorably thereon with an amendment and recommends that the bill as amended do pass. The amendment is as follows: Strike out all after the enacting clause and insert the following: SECTION 1. SHORT TITLE. This Act may be cited as the Modern Worker Empowerment Act. SECTION 2. CRITERIA FOR DETERMINING EMPLOYEE STATUS. Section 3(e) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(e)) is amend- ed- (1) by redesignating paragraphs (2), (3), and (4) as paragraphs (3), (4), and (5), respectively; (2) in paragraph (1), by striking paragraphs (2), (3), and (4) and inserting paragraphs (3), (4), and (5); and (3) by inserting after paragraph (1) the following: (2)(A) An individual shall be determined to be an independent contractor rather than an employee of another person if- (i) such other person does not exercise significant control over the details of the way the work is performed by the individual, without regard to any control the other person may exercise over the final result of the work performed; and (ii) while performing such work, the individual has the opportunities and risks inherent with entrepreneurship, such as the discretion to exercise mana- gerial skill, business acumen, or professional judgment. 69-006